Ram Ashish Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58824 of 2018 Arising Out of PS.Case No. -111 Year- 2002 Thana -MADHUBANI TOWN DistrictMADHUBANI ====================================================== Ram Ashish Yadav, Son of Late Ram Prit Yadav, Resident of VillageShyam Sidhap (Bhagyama), P.S.- Babubarhi, District- Madhubani. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Nilesh Kumar, Adv. For the Opposite Party/s : Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 26-09-2018 Heard learned counsel for petitioner and learned A.P.P. for the State.

The petitioner seeks bail in Madhubani Town P.S. Case No. 111/2002, registered for the offence punishable under Section 302 of the Indian Penal Code.

Allegation is murder of husband of informant. On the basis of complaint made by informant who is widow of the deceased, a U.D. case was registered by the police. However, in post-mortem report the cause was death was attributed to injury on head by hard and blunt object. Regular case under Section 302 was instituted against three unknown. Earlier, police has submitted charge-sheet against Tej Narayan Yadav, who was acquitted by the trial court. Supplementary investigation

continued against remaining accused and petitioner surrendered on 29.06.2018. Save and except suspicion there is nothing against petitioner.

Petitioner has no criminal antecedent.

Considering the facts aforesaid, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Additional District & Sessions Judge VI, Madhubani in connection with Madhubani Town P.S. Case No. 111/2002, subject to the conditions: (1.) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2.) Petitioner shall co-operate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel his bail bonds.

(3.) If the petitioner tampers with the evidence or the witnesses of the case, in that case,

prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Vinita/- U T